Samhita Saha v. State Of West Bengal And ORS.

December 5, 2025

(11) ARDR WPA 26143 of 2025 Samhita Saha Vs.

The State of West Bengal & ors.

Sr. Adv. Sandipan Ganguly, Adv. Anirban Dutta, Adv. M. Mukherjee, Adv. K. N. Jana, Adv. Ayan Mondal, ... for the petitioner.

Adv. Ashis Kumar Paul, Adv. Indrani Nandi, ...for the State.

Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. The petitioner alleges that she invested Rs.1,85,00,000/- and odd with the private respondents who posed to be garment traders on an assurance of lucrative returns including high rate of interest per month. Though initially the private respondents paid Rs.83 lakhs and odd to the petitioner as interest, no further amount, whether principal or interest was paid to her thereafter. Several approaches made by the petitioner to the private respondents were not heeded to. Moreover, the petitioner was assaulted and molested by the private respondents on claiming return of money. The petitioner lodged complaint before the Tollygunge Police Station which was taken up for investigation but no further step has been taken by the investigating authority in this regard.

The private

respondents have been granted bail on surrendering before the learned Magistrate.

It appears from the report submitted by the State that there has been no progress in investigation of the case till date. The relevant bank statements and other documents have not been collected, the bank accounts of the private respondents have not been frozen. Upon consideration of the mode and manner of investigation conducted by the police, this Court is of the view that investigation needs to be transferred to a more specialised agency being Anti Fraud Section, Detective Department, Kolkata Police, Lalbazar in order to unravel the truth and take the investigation to its logical conclusion in accordance with law.

Accordingly, Anti Fraud Section, Detective Department, Kolkata Police, Lalbazar is directed to conduct the investigation in a fair, proper, unbiased and impartial manner and take the same to its logical conclusion in accordance with law. The present investigating agency is directed to handover the entire Case Diary along with relevant documents to the transferee authority by 10th December, 2025.

With the aforesaid directions, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)